Medically Assisted Dying in the Global South

Pub Date : 2024-04-06 DOI:10.1111/dewb.12450
Udo Schuklenk
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Abstract

As is often the case in discussions of global issues, developments in the global south are somewhat neglected. I noted in a recent Editorial in a previous issue of Developing World Bioethics significant achievements in terms of access to abortion care in a number of countries of the global south.1 This progress is largely ignored in media reports, given most large media organisations focus on the United States and other countries of the global north. The same holds true for developments in the context of medically assisted dying.

In recent years the number of jurisdictions that have decriminalized or legalized medically assisted dying involving assisted suicide or euthanasia has steadily increased in the global north. A somewhat heated debate continues not so much on the ethical permissibility of assisted dying, but on questions of scope, namely who should be eligible for an assisted death. Most controversial is the inclusion of non-terminally ill, decisionally-capable people with disabilities and/or mental illnesses. I have written elsewhere extensively on these issues.2 Today I want to draw your attention to an entirely different issue. Medical assistance in dying in the global south.

During the last few years, Developing World Bioethics has seen a remarkable uptick of submissions from countries of the global south that address ethical issues of medically assisted dying in particular countries of the global south. Examples of this include articles on euthanasia in Colombia,3 Chile,4 India,5 Ecuador,6 and China7 (in no particular order). Ecuador and Colombia have legalised active euthanasia, and, in an interesting court case, a court in Peru permitted euthanasia for a particular patient. Chile permits passive euthanasia, as does India.

At the time of writing court cases are progressing in various countries of the global south, with the aim to see the practice decriminalized or legalized, including, among others, in South Africa. Anton van Niekerk, a long-serving member of our Editorial Board, has been at the forefront of these debates in his native country.8 Willem Landman, a founding Editor of this journal is also actively involved in the South African court case. A peculiar South African contribution to the debates on assisted dying is the question of whether or not such a practice would be contrary to African culture. I am no expert on African culture, but I wonder whether there is a uniform African culture with an uncontroversial universally agreed-on view on assisted dying. Reportedly Teslio Thipanyane, the Head of the South African Human Rights Commission, declared publicly that the country's ‘constitutional rights of dignity and “of every individual to control of his or her own body” are a clear basis for euthanasia or assisted suicide.’ 9 Perhaps there is no such a thing then as an ‘African culture’ voice that would settle at least the question of whether or not euthanasia would be an un-African activity. Unsurprisingly, and reassuringly, like in the global north, African people appear to hold diverse views on the practice.

It seems as if there is an uptick in activities in the global south pushing toward decriminalizing or legalizing this practice, as there is in the global north. I am interested in learning more about the ethics and policy debates on this topic in the global south. For instance, does the fact that health care systems are typically weaker in the global south make a difference to an ethical evaluation of this practice? Are weaknesses in the states’ abilities to enforce their laws and regulations an issue that might make a difference in the ethical evaluation of euthanasia? Are there distinct cultural differences that would give rise to ethical arguments hitherto not discussed in the literature?

As an Editor of this journal, I would encourage our readers to reflect on this subject matter and submit considered ethical analyses for review to us, with a view to seeing this content eventually published in these pages. I am certain that it would enrich the ethics and policy discourse currently taking place globally.

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全球南部的医疗协助死亡
在讨论全球性问题时,全球南部的发展情况往往被忽视。我在上一期《发展中世界生物伦理学》的社论中指出,全球南部一些国家在获得堕胎护理方面取得了重大成就。1 媒体报道在很大程度上忽视了这一进展,因为大多数大型媒体机构都将注意力集中在美国和全球北部的其他国家。医疗协助死亡方面的发展情况也是如此。近年来,全球北方将涉及协助自杀或安乐死的医疗协助死亡非刑罪化或合法化的司法管辖区数量稳步增加。关于协助死亡的伦理允许性,而不是范围问题,即哪些人有资格接受协助死亡,一场有些激烈的辩论仍在继续。最有争议的是将非临终病人、有决定能力的残疾人和/或精神病患者纳入其中。今天,我想提请大家注意一个完全不同的问题。在过去的几年里,《发展中世界生命伦理学》看到了来自全球南部国家的投稿显著增加,这些投稿涉及全球南部特定国家的医疗协助死亡伦理问题。这方面的例子包括有关哥伦比亚、3 智利、4 印度、5 厄瓜多尔6 和中国7 (排名不分先后)安乐死的文章。厄瓜多尔和哥伦比亚已将主动安乐死合法化,在一个有趣的法庭案例中,秘鲁的一家法院允许对特定病人实施安乐死。智利允许被动安乐死,印度也允许被动安乐死。在撰写本报告时,全球南部多个国家的法院正在审理案件,目的是使安乐死合法化或非刑罪化,其中包括南非。安东-范-尼凯尔克(Anton van Niekerk)是本刊编辑委员会的长期成员,在他的祖国,他一直站在这些辩论的前沿。南非对协助死亡辩论的一个独特贡献是,这种做法是否有悖于非洲文化。我不是非洲文化方面的专家,但我想知道是否存在一种统一的非洲文化,对协助死亡有一种没有争议的普遍认同的观点。据报道,南非人权委员会主席特斯利奥-提潘尼亚内(Teslio Thipanyane)公开宣称,南非'宪法规定的尊严权和 "每个人控制自己身体的权利 "是安乐死或协助自杀的明确依据'。9 或许并不存在所谓的 "非洲文化 "声音,至少可以解决安乐死是否是一种非非洲活动的问题。不出所料,令人欣慰的是,与全球北方一样,非洲人似乎对安乐死持有不同的观点。我有兴趣更多地了解全球南部关于这一主题的伦理和政策辩论。例如,在全球南部,医疗保健系统通常比较薄弱,这是否会对这种做法的伦理评估产生影响?各州执行法律法规的能力薄弱是否会对安乐死的伦理评估产生影响?作为本刊的编辑,我鼓励我们的读者对这一主题进行思考,并提交经过深思熟虑的伦理分析供我们审阅,以期这些内容最终能在本刊上发表。我相信,这将丰富目前全球范围内的伦理和政策讨论。
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